The Institute deplores all forms of harassment including, but not limited to sexual or racial harassment and harassment based on disability, age, sexual orientation, or religion and seeks to ensure that it does not permit or condone it within the working environment. Harassment is unlawful and both the Institute and the harasser may be held liable for such unlawful actions and be required to pay damages. Women and men have the right to work in an environment free from harassment, bullying intimidation and all employees are expected to comply. Intentional harassment may also be a criminal offence punishable by imprisonment or a fine.
Examples of Harassment
Harassment (whether based on sex, race, and disability or otherwise) is offensive and humiliating behaviour of a nature, which is uninvited and unwelcome by the person at whom it is directed. It takes many forms, from relatively mild banter to actual physical violence. It may be expressed: -
a) physically - e.g. actual violence or insulting behaviour,
b) verbally - e.g. insensitive jokes, comments, pranks or insulting words,
c) by body language - e.g. abusive, threatening or unnecessary body contact,
d) on paper or screen - e.g. displays of offensive material, or abusive writing and pictures.
e) detrimental treatment at work – e.g. loss of job or unwanted transfer.
This is not an exhaustive list and what is acceptable to one person may not be to another. Some of these actions are examples of gross misconduct, punishable by summary dismissal, and others may constitute gross misconduct depending on the circumstances.
Management Responsibility
The Institute expects all line managers to ensure that this policy and procedure is adhered to at all times and, where harassment does occur, that it is dealt with efficiently and effectively.
Informal Remedy
Employees who are victims of minor harassment are advised to make it clear to their harasser (either individually or with the support of a colleague) that the behaviour is unacceptable and must stop. If an employee is unable to do this verbally then a written request (explaining the distress which the behaviour is causing) given to the harasser may be effective.
Formal Procedure
Where informal methods fail, or serious harassment occurs, employees are advised to bring a formal complaint. The complaint should be made, in confidence, to an Executive Director or HR. The employee will be asked to provide a written statement giving the following information:
• name of the harasser
• nature of the harassment
• dates and times when harassment occurred
• names of witnesses to any incidents of harassment
• any action already taken by the complainant to stop the harassment.
The Executive Director handling the complaint will ensure that a thorough investigation is carried out as quickly as possible, maintaining confidentiality at all times. All employees involved in the investigation are expected to respect the need for confidentiality. Failure to do so will be considered a disciplinary offence. Witnesses will be encouraged to appear at the investigation.
At each stage both the complainant and the employee accused of harassment have the right to be accompanied by an Institute employee of his or her own choice. The alleged harasser will be given every opportunity to defend or explain his or her actions.
Where the Executive Director concludes that harassment has taken place, the harasser will be dealt with under the Institute’s Disciplinary procedure. Harassment of a serious nature may result in dismissal.
If a lesser penalty is appropriate then, where possible, action will be taken to ensure that the complainant is able to continue to work without embarrassment or anxiety e.g. the transfer of one party to another role or reorganisation of work. The result of the investigation will be confirmed in writing to both parties.
If the complainant is not satisfied about the way his or her complaint has been handled, he or she may ask for it to be reconsidered by the Chief Executive. Requests for reconsideration of the complaint should be made with 10 working days of the investigation. The decision of the Chief Executive will be final.
An employee who receives a warning or is dismissed for sexual or racial harassment may appeal against the penalty in accordance with the Institute's Dismissal appeals procedure as set out in the Disciplinary procedure.
An employee who brings a complaint of sexual or racial harassment will not suffer victimisation for having brought the complaint. However if the complaint is untrue and has been brought in bad faith (e.g. spite) disciplinary action may be taken.